HomeMy Public PortalAbout1969_03_11 146
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 11, 1970.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street , Leesburg , Virginia , on March
11, 1970 at 7 :30 P.M. The meeting was called to order by Mayor Rollins ,
with Councilman Pumphrey offering the prayer . Those present were :
Mayor Kenneth B . Rollins , Councilmen G. Dewey Hill , Frederick R. Howard,
Walter F . Murray, Robert A. Orr, John W. Pumphrey and John A. Wallace , Jr. ;
also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin.
. ' The Minutes of the regular meeting of February 25 , 1970 were approved
as written.
Town Manager Ritter reported as follows :
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(1) A copy of the Edwards Ferry Road Agreement between the Town
and Mrs . Carr is before you tonight and should be approved. This will
accomplish our purpose . An agreement has been reached with Mr. John
Wallace on his share of the cost of construction, and Lee Phillips is
revising the construction plans to conform to what we want - 'we should
get them the first of the week . VEPCO and the Telephone Company have
been advised so that they can move their lines .
(2) We have received notification that we will receive the next
portion of our Federal Grant on the Sewer Program in the amount of
$152 ,800. We have already received $346 ,000, so this will make a total
of $498,000 to date . There is still another $124,000 to come to make
the total $622 ,000 .
(3) Next Wednesday night at 8 :00 P.M. , there will be a joint meet-
ing (or work session) of the Council and the Planning Commission to dis-
cuss with Greenhorne and O 'Mara the proposed Master Plan . This meeting
will be held in the Town Office Building.
(4) We have received a communication from Mr. Scheetz , represent-
ing the Rust heirs , stating that they still want $35 ,000 for their land;
they feel this is a fair and reasonable figure . This will be discussed
at the Utility Committee meeting next Monday.
(5) He has received a copy of the Northern Virginia Planning
Commission minutes , in which the status of the Commission is discussed.
All eligible jurisdictions have joined except Loudoun County, Leesburg
and Manassas Park . He talked with Mr. Steger, Senior Law Enforcement
Planner for the Commission, yesterday to see if we can get some Federal
money for another radio for the Police car. It looks as though we would
have to be a member before we would be eligible for any Federal money .
This should be taken into consideration.
(6) The Highway Department will hold a Public Hearing on April
8th at 10:00 A .M. in the Board of Supervisors meeting room on the South-
west Quadrant of the Leesburg By-Pass , as well as the location of the
Hamilton By-Pass .
(7) We have received no official word from Mr. Phillips on the
land needed for the Hospital Road, but he understands he is trying to
get the other two owners together .
(8) We have a copy of a letter sent to the Department of the In-
terior by Frank Myers regarding the Myers Well , notifying them that he is
terminating his Agreement with them in 30 days , which would make the
termination date March 30th. We will hold up any appropriation for this
Well until the Agreement has been terminated .
(9) We still have not been able to repair the bottom of the wate
tank, which creates a bufden on the other wells . Myers Well is pump-
ing about 200,000 gallons a day - just about around the clock; Paxton
about 225,000 gallons and Phillips-Nickels about 70,000.
(10) Item 2 on the Agenda should not be a resolution, it is just a
statement of the position of the Committee .
(11) Re Item 4 on the Agenda , this easement would be between the
present Merle Norman Shop and the building to the south of it - it would
extend between the two buildings , across the Times -Mirror land and the
Harrison property on over to Church Street .
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MINUTES OF MARCH 11, 1970 MEETING .
(12) The Addition to the Agenda takes the place of Item 5 .
(13) He has contacted Reed, Hoyt , Washburn and McCarthy regarding
the date by which we would have to notify them of the amount of the Bond
Referendum and they said we should let them know a month ahead of the
referendum vote .
Mayor Rollins re-emphasized the importance of the Public Hearing
on April 8th concerning the location of the Southwest Quadrant of the
By-Pass , as well as the location of the road from that point on to Pur-
cellville . This is a rehearing and the Town has taken the position that
this section should follow the Railroad light-of-way up to Clark ' s Gap.
Another factor has been added now, which does not affect the Leesburg
By-Pass itself, but the Highway Department has come up with a third al-
ternative from Clark 's Gap to Hamilton.
Councilman Hill asked that the Laws and Administration Committee
consider increasing the ABC license hours to 1:00 A.M. , in order to bring
this into line with the County law.
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He asked Mr. Ritter the deadline date on business licenses . Mr.
CO
o Ritter said licenses are due on July 1 and the penalty is added on July
15th. -
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Councilman Howard asked if there is a chance that Mr . Phillips and
the other owners might accept our offer . Mr. Ritter said we have had no
answer at all yet . Mr. Howard asked if we have made a bona fide offer
to them. Town Attorney Martin said he did not think so. -
-A Public Hearing was held at this time on the following rezoning
application, with Mr. Forbes pointing out on the map the exact location
of this property :
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XIV Joint Venture , Maurice F. Biddle , Trustee , contract owner,
to have rezoned from R-1 to R-3 Lots 6 through 19, -inclusively ,
of Valley View Subdivision, containing approximately 15 acres
of land, and bounded by Davis Avenue on the north ; lands of
Phillips and Kaufman on the east ; land of -the Commonwealth of
Virginia on the south and Lee Avenue on the west .
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Mr. Sam Engle , representing Mr. Maurice F. Biddle , the contract
owner of this property, presented to Council a plat of the land in
question, as well as pictures of the type of town houses proposed, and
spoke at length, pointing out the favorable aspects of using this land
for this purpose . He then introduced -Mr. Biddle , who stated that he
and his associates would propose to go ahead with this project just as
soon as the final plans can be made for financing the project , and which
financing is already available as soon as the zoning is approved.
The following persons addressed Council, expressing their various
objections to this rezoning : Mr. Arl Curry, Mr. Lester Sturgill, Mr.
James VanStavoren, Mr . Welby Sowers and Mr . Howard Burleson, all resi-
dents of Prospects Hills , with the exception of Mr. Curry , who has built
a good many of the houses in this area . The Public •Hearing was then closed
and discussion followed by Council members .
Councilman Murray explained that the Planning Commission recommended
approval of this rezoning because they felt this a good location for
town houses . He cited other reasons for the Commission ' s approval, as
well as the fact that there was no opposition at the Commission hearing.
Councilman Orr voiced his vehement objections to thi's rezoning, cit-
ing the many reasons he objects .
Councilman Hill asked if there were any objections at the Planning
Commission Hearing, and it was pointed out that no-one appeared against
it , although it was advertised in accordance with regulations in the
Loudoun Times-Mirror for the usual two-week period. Mr . Hill then asked
if there was any idea of a By-Pass at the time this property was zoned
R-1 . Councilman Murray said he imagined it had always been zoned R-1.
148
MINUTES OF MARCH 11, 1970 MEETING .
Mayor Rollins voiced his approval of this zoning, stating that he
did not believe single-family homes could be erected on this long nar-
row piece of land unless they would be in the low-price range, which
he would certainly not advocate . However, he does believe the •Town is
becoming over-burdened with town houses .
On motion of Councilman Murray, seconded by Councilman Wallace , the
rezoning request of XIV Joint Venture, Maurice F. Biddle, Trustee , was
granted by a roll call vote of 6 to 1, with Councilman Orr casting the
dissenting vote .
A Public Hearing was held at this time on the following rezoning•
application, with Mr. Forbes pointing out the location on the map.
Mayor Rollins disqualified himself from voting on this application:
since he is an adjoining property owner, and pointed out that a tie vote
would defeat this rezoning , if such should occur.
Gold Star Homes, Inc . , contract purchaser, to have rezoned from
R-2 to B-2 that portion of 40 acres of land that fronts on South
King Street (800 .2 feet) for a depth of 450 feet , and from R-1
. and R-2 to R-3 the remaining portion of the 40 acres . Said
tract is bounded by the lands of Loudoun County School Board,
Curry and Herndon on the north; South King Street , McAlpin ,
Champ, Jackson and Harris on the east ; McAlpin , Champ, Jackson,
Titus and Rollins on the south; and Rollins, Rogers , Loudoun
County School Board and White on the west .
Mr. Lewis H. Griffith, Attorney representing Gold Star Homes , Inc . ,
presented to Council the proposed plans for this property if rezoned, and
the advantages to be derived therefrom. He then presented Mr. Ed Dove ,
Certified Land Surveyor for the contract purchaser, who presented and
explained the plans proposed for this area if rezoned, pointing out the
advantages to the Town . Mr. Griffith then asked for approval of the
Council since this rezoning has already been approved by the Planning
Commission.
Councilman Orr asked how wide the street would be into Prospect
Hills from Route 15 . Mr. Lewis said this would be a 40 ' wide street
with a 70 ' right-of-way and this would connect Dry Mill Road to Route
15 . Councilman Hill asked how the proposed internal street system would
be maintained. Mr. Griffith said the individuals who purchase these
properties would be assessed and required to participate in the com-
munity association which would provide the maintenance of these streets .
This community association would be a non-profit group governed by the
State Corporation Commission. Councilman Orr asked how they would plan
to finance these homes . Mr. Griffith said Gold Star Homes would have a
commitment for the construction of these homes and FHA and VA financing
would be available for prospective purchasers , however , all purchasers
would have to provide their own financing . Mr. Griffith introduced1Mr.
Randy Carter of Warrenton, one of the heirs of the Carter property, who
. stated he was very much in favor of this rezoning .
Speaking against this rezoning was Mr. Phil Gum, a resident of
Prospect Hills . Also, Mr. Frank Raflo, as spokesman for the approxi-
mately 50 citizens present in opposition to this rezoning application,
addressed Council , stating that they challenged the validity of this
hearing on the basis that it was not properly advertised. Although 12
adjoining property owners were mentioned in the advertisement , there
were 8 property owners who were not listed. Also, . there is some ques-
tion as to whether a contract purchaser can qualify as either owner of
his agent . If he does not qualify , then all adjacent property owners
should have been notified by letter. Mr. Raflo read a prepared state-
ment , setting forth their objections to this rezoning, and requested
that the Council refer this back to the Planning Commission for another
hearing in order that they might be heard.
Councilman Murray said he believed everybody ' s views should be heard
and he could not vote on this question with this much opposition being
presented. On motion of Councilman Murray, seconded by Councilman
Howard, Council voted by unanimous roll call vote, with Mayor Rollins
abstaining, that this application be referred back to the Planning Com-
mission to be readvertised and, in the advertisement , the present owners
of abutting property be listed.
149'
• MINUTES OF MARCH 11, 1970 MEETING .
Mayor Rollins stated that he had done some legal research on this
and, while he does no-t .believe this is illegal, he thinks it fair that
the present owners of abutting property be listed hereafter. He asked
that the Planning Commission take this into consideration in the future .
Councilman Hill asked if it is up to the applicant to make sure that
the •right property owners are listed, or is this up to the Zoning Ad-
ministrator? Mayor Rollins said this would be up to the applicpt , but
the Zoning Administrator should check it out with the Commission7of
Revenue before advertisement . Mr . Raflo suggested that the land in •
question be posted in at least one place . Mayor Rollins also pointed
111 out that the applicant in this case will not have to pay another fee .
Mr. Arundel of the Times-Mirror stated that the Town would not be charged
for reprinting the advertisement .
Councilman Orr said that he and Councilman Murray went over the bids
on the Cablevision Franchise - Councilman Wallace having disqualified
himself -since he was accountant for one of the firms bidding . They nar-
rowed it down to the two local firms bidding, believing that Council
could have better control over a local firm. They found several good
points for each of these bids , but they did not feel that the two bids
were far enough apart for just two members to make a decision, therefore,
CO they are asking the Council to discuss this and make the decision.
O Councilman Murray said they would like to have both applicants expand
on their proposals and they would like to ask some questions as well .
Mayor Rollins said he had reservations as to whether questions should be
answered after each of the applicants has had opportunity to examine each
C other 's bids , since these were sealed bids . However, there was no objection
to hearing both parties .
Mr. Thomas Monahan, representing the Loudoun Times Publishing com-
pany , explained the bid of this Company , citing the many advantages pro-
posed by them to the Town, and answering many questions propounded by
various members of Council with regard to the System. Mr. Frank Heckel
and Mr. Arthur Arundel also made brief remarks regarding the merits of
their System.
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Mr. Lucien Rawls of TransAmerican Airports , Inc . , explained their
bid, elaborating on this proposal. He also answered questions from
various members of Council.
Councilman Orr, as Chairman of the Finance Committee, then gave a
brief resume of the proposal of each Company . On motion of Councilman
Murray, seconded by Councilman Howard Council.. oted.bv a roll call vote
of 4 for, 1 against , . I abstentaond/l dhuqu e hiiStononthe Cablevision
Franchise be awarded to Transamerican Airports , Inc . , and that we accept
Option A - Cash Payment . Voting against the motion was Councilman Orr,
and abstaining were Councilmen Hill and Wallace. The Franchise awarded
reads as follows :
AN ORDINANCE GRANTING UNTO TRANSAMERICAN AIRPORTS, INC. , ITS
SUCCESSORS AND ASSIGNS, AN EXCLUSIVE FRANC-1SE, RIGHT. OF CON-
VENIENCE OR PRIVILEGE TO •ERECT, OPERATE AND MAINTAIN POLES, CABLES
AND ALL OTHER ELECTRICAL EQUIPMENT, STRUCTURES, OR FIXTURES NEC-
ESSARY AND INCIDENTAL TO THE OPERATING OF A COMMUNITY ANTENNA
SYSTEM SERVICE AND CLOSED CIRCUIT TELEVISION TRANSMISSION SER-
VICE, SUBJECT TO THE LIMITATIONS AND RESTRICTIONS HEREIN SET
FORTH UNDER, OVER, UPON AND ACROSS THE STREETS, ALLEYS, SIDE-
WALKS, AND PUBLIC PLACES OF THE TOWN OF LEESBURG, VIRGINIA, FOR
THE PURPOSE OF ERECTING, OPERATING AND MAINTAINING A COMMUNITY
ANTENNA SYSTEM AND CLOSED CIRCUIT TELEVISION TRANSMISSION SER-
VICE FOR THE USE OF THE RESIDENTS AND CITIZENS OF SAID TOWN, AND
FOR THE PERSONS, FIRMS AND CORPORATIONS DOING BUSINESS THEREIN,
AND TO USE THE PROPERTY OF OTHER COMPANIES UPON SUCH ARRANGEMENTS
AND CONDITIONS AS THE COMPANIES MAY AGREE.
BE IT ORDAINED, by the Council of the Town of Leesburg , County
of Loudoun, State of Virginia :
SECTION 1. Short Title . This Ordinance shall be known and may
be cited as the--71-Cablevision Franchise Ordinance . "-
150
MINUTES OF MARCH 11, 1970 MEETING. -
SECTION 2 . Definitions . For the purpose of this Ordinance the
following terms , phrases , words , and their derivations shall
have the meaning given herein. When not inconsistent with the
context, words used in the present tense include the future ,
words in the plural number include the singular number and words
in the singular number include the plural number . The word "shall" •
is always mandatory and not merely directory .
(1) "Town" is the Town of Leesburg, Virginia .
(2) "Company" is the grantee of rights under this Franchise .
(3) "Council" is the Town Council of the Town of Leesburg,
111
Virginia .
(4) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind. •
(5) Whenever used in the Ordinance, the words "audio, " "video, "
"television , " and "frequency modulation" shall mean a sys-
tem for transmission of audio signals and visual images ,
or the separate transmission of either of them, by means of
electrical impulses .
SECTION 3 . Grant of Authority . There is hereby granted by the
Town to the Company the exclusive right and privilege to con-
struct, erect, operate and maintain, in, upon, along, across ,
above, over and under the streets , alleys , public ways and pub-
lic places now laid out or dedicated, and all extensions thereof,
and additions thereto, in the Town, poles , wires , cables , under-
ground conduits , manholes and other television conductors and
fixtures necessary for the maintenance and operation in the Town
of a community television system for the interception, sale and
distribution of television signals .
SECTION 4 . Compliance with Applicable Laws and Ordinances . The
Company shall , at all times during the life of this Franchise,
be subject to all lawful exercise of the police power by the
Town, and to such reasonable regulation as the Town shall here-
after by resolution or ordinance provide .
SECTION 5 . Company Liability--Indemnification. It is expressly
understood and agreed by and between the Company and the Town
that the Company shall save the Town harmless from all losssus-
tained by the Town on account of any suit, judgment , execution,
claim, or demand whatsoever, resulting from negligence on the
part of the Company in the construction, operation or maintenance
of its television system in the Town. The Town shall notify the
Company 's representative in the Town within Ninety (90) days after
the presentation of any claim or demand, either by suit or other •
-
wise, made against the Town on account of any negligence as afore-
said on the part of the Company .
The Company shall also take out and maintain throughout the term
of this grant insurance against personal injury with limitations
of not less than $100 ,000 - $300 ,000, and insurance against prop-
erty damage in amounts of not less than $50,000 - $100 ,000 for
the benefit of the Town of Leesburg , Virginia .
SECTION 6 . The Company shall install its poles , wires , cables,
fixtures and appurtenances in accordance with the requirements
of the National Electrical Code and the current edition of the
National Electrical Safety Code , and so as not to interfere with
the installation of the Town, or of any public utility engaged
in serving the Town. All poles, posts , or other structures , and
all lines , equipment and connections in, over, anchlundef the streets ,
sidewalks , alleys and public grounds or places of the Town, wherever
situated or located, shall at all times be kept and maintained in
a safe, suitable and substantial .condition, and in good order and
repair.
151:
MINUTES OF MARCH 11 , 1970 MEETING.
SECTION 7 . (a) The distribution facilities of the Company
shall be at all times maintained in good and safe way and con-
dition and shall be constructed and maintained so as not to in-
terfere with television reception by inhabitants of the Town of
• Leesburg not using the Company 's services .
• (b) In the maintenance and operation of its television transmission
and distribution system in the Town of Leesburg and in the course
of the construction of additions to its facilities , the Com-
pany shall proceed so as to cause the least possible inconveni-
ence to the general public , and any opening or obstruction in
the streets or other public places made by the Company in the
course of its operations shall be maintained iri accordance with
- the applicable ordinances of the Town of Leesburg .
(c) In the erection of the amplifiers , other appliances or equip-
ment and in stringing of cables and/or wires as herein authorized,
the Company shall avoid all unnecessary damage and/or injury to
any and all shade trees in and along the streets , alleys, and
public ways and places in the Town and shall cut and otherwise
injure such trees only to the extent necessary for the construc-
tion; maintenance , operation and repair of said cables , wires ,
amplifiers , appliances and other fixtures of the Company, as
herein authorized and provided.
G SECTION 8 . Conditions on Street Occupancy .
(1) Use . All transmission and distribution structures , lines
and equipment erected by the Company within the Town shall be so
located as to cause minimum interference with the proper use of
streets , alleys and other public ways and places , and to cause
minimum interference with the rights or reasonable convenience
of property owners who adjoin any of the said streets , alleys or
other public ways and places .
(2) Restoration . In case of any disturbance of pavement , side-
walk, driveway or other surfacing , the Company shall, at its own
cost and expense and in a manner approved by the Town Inspector;
replace and restore all paving, sidewalk, driveways or surface of
any street or alley disturbed, in as good condition as before
said work was commenced.
(3) Relocation. In the event that at any time during the period
of this Franchise the Town shall lawfully elect to alter, or change
the grade of, any street, alley or other public way, the Company ,
upon reasonable notice by the Town, shall remove , relay, and re-
locate its poles , wires , cables , underground conduits , manholes
and other telephone fixtures at its own expense .
(4) Placement of Fixtures . The Company shall not place poles or
other fixtures where the same will interfere with any gas , elec-
tric or telephone fixture, water hydrant or main , and all such
poles or other fixtures placed in any street shall be placed at
the outer edge of the sidewalk and inside the curb line , and
those placed in alleys shall be placed close to the line of the
lot abutting on said alley , and then in such a manner as not to
interfere with the usual travel on said streets , alleys and pub-
lic ways .
(5) Temporary Removal of Wire for Building Moving . The Company
shall , on the request of any person holding a building moving
permit issued by the Town , temporarily raise or lower its wires
to permit the moving of buildings . The expense of such temporary
removal , raising or lowering of wires , shall be paid by the person
requesting the same , and the Company shall have the authority to
require such payment in advance . The Company shall be given not
less than forty-eight hours ' advance notice to arrange for such
temporary wire changes .
MINUTES OF MARCH 11, 1970 MEETING.
(6) Tree Trimming . The Company shall have the authority to trim
trees upon and overhanging streets , alleys , sidewalks and public
places of the Town so as to prevent the branches of such trees
from coming in contact with the wires and cables of the Company,
all trimming to be done under the supervision and direction of
the Town and at the expense of the Company .
(7) Existing poles , posts , and other such structures of telephone
and power companies for leasing or licensing at reasonable terms
shall be used as practicable in order to minimize interference
with travel .
SECTION 9. Town Rights in Franchise .
(1) Town Rules . The right is hereby reserved to the Town to
adopt, in addition to the provisions herein contained and exist-
ing applicable ordinances , such additional regulations as it shall
find necessary in the exercise of the police power, provided that
such regulations , by ordinance or otherwise, shall be reasonable ,
and not in conflict with the rights herein granted, and shall not
be in conflict with the laws of the State of Virginia .
(2) Supervision and Inspection. The Town shall have the right to
supervise all construction or installation work performed subject
to the provisions of this Ordinance and to make such inspections
as it shall find necessary to insure compliance with governing
ordinances .
(3) All rights , rights of way , and easements hereinabove desig-
nated shall remain the property of the Town. Until such time as
said poles or other equipment are actually installed, and in the
event of future removal of said equipment , said franchise shall
immediately revert to the Town and be automatically cancelled.
Should said franchise not sooner revert to the Town, then this
grant shall terminate and expire Thirty (30) years from the effec-
tive date hereof, it being understood that the Company shall
have the right , at any time during the effective term of this
grant, to surrender and relinquish all of its rights hereunder
and thereupon be released from its duties as herein required.
Surrender by the Company of this grant shall be preceded by a
written notice of its intention to do so at least six (6) months
before the surrender date . On the surrender date specified in
such notice , all of the rights and privileges and all of the ob-
ligations, duties and liabilities of the 'Company under this ordi-
nance, except previously accrued hereunder, shall terminate .
SECTION 10 . Time Period for Installation. The Company shall have
Twenty-four (24) months from the effective date of this ordinance
within which to erect, install and energize its system. Failure
of the Company to erect, install and energize its system within
this period shall be determined a breach by the Company , and the
Town shall have the option to cancel the rights given to the Com-
pany by this franchise .
SECTION 11 . Payment to Town. Amount of payment to be determined
by bid.
SECTION 12 . Approval of Transfer . This franchise shall not be
transferred unless such transf r has received the approval of
the Town Council of the Town of Leesburg.
SECTION 13 . Bond. The person or corporation to whom such fran-
chise is awarded shall first execute a bond in favor of the
Town, pursuant to Section 15 . 1-312 of the 1950 Code of Virginia ,
as amended.
SECTION 14. Publication 'Costs . The Company shall assume the cost
of publication of this Franchise as such publication is required
by law. A bill for publication costs shall be presented to the
Company by the Town Treasurer upon the Company 's filing of ac-
ceptance and shall be paid at that time .
15'3-
MINUTES OF MARCH 11, 1970 MEETING.
SECTION 15 . Severability of Provisions . If any provision of
this Ordinance , or the application thereof to any person or
circumstances , is held invalid the remainder of this Ordinance
and the application of such provision to the person or circum-
stance shall not be affected thereby and to this end the pro-
visions of this Ordinance are declared to be severable .
SECTION 16 . Effective Date . This Ordinance shall take effect
from the date of its passage .
The bid accepted for this Franchise reads as follows :
(a) A rental payment of $750 .00 at the end of the first year
of operation .
(b) A rental payment of $1250 . 00 at the end of the second year
of operation.
(c) A rental payment of $1500.00 at the end of the third year
of operation.
(d) A rental payment of $2000 .00 at the end of the fourth year
. O of operation and at the end of each year thereafter in-
cluding the end of the eighth year.
(e) A rental payment , payable at the end of each succeeding year
after the eighth, consisting of a sum equivalent to Five-
percent (5%) of the net profit after taxes of the operation
of the cable and closed-circuit system.
Councilman Orr left the meeting at this time , leaving only six
members of Council present .
On motion of Councilman Murray, seconded by Councilman Pumphrey,
the following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the following appropriations be made :
$ 695 .00 - New Copystat Photocopier. General Fund -
Capital Outlay .
5 . 35 - A & E Blueprinters . Printing during month of
January. 1969 Bond Issue .
15,840 . 00 - English Construction Co . for Est . #16 on Con-
tract S-I . 1969 Bond Issue .
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16 ,709.63 - Maryland Excavators for Est . #2 on Rt . 15 Sewer
Line . 1969 Bond Issue .
1,667 . 51 - Maryland Excavators for Est . #3 on Rt . 654 Sewer
Line . 1969 Bond Issue .
On motion of Councilman Pumphrey, seconded by Councilman Howard,
the following resolution was unanimously adopted :
WHEREAS, Walter L. Phillips has made a survey for the location
of a future storm sewer from King Street in the downtown busi-
ness section to a point in S . Church Street, and
WHEREAS , it is deemed advisable to secure an easement for this
storm sewer at this time ,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg, that the Town Manager be authorized to negotiate
with the property owners involved for this easement.
On motion of Councilman Murray, seconded by Councilman Pumphrey,
the following resolution was adopted by 5 votes for, with Councilman
Wallace abstaining :
15 4
MINUTES OF MARCH 11, 1970 MEETING.
WHEREAS, the Town of Leesburg is contemplating an improvement
to Edwards Ferry Road, between Mayfair Drive and the East Cor-
porate Limits , and
WHEREAS, Mr. John Wallace has agreed to participate in the
• cost of construction of the project by paying $15 ,096 .50, repre-
senting the cost of 1795 lin. ft . of curb and gutter and 1749
lin . ft . of median curb, plus $3 ,352 .00, representing one -third
of $10,056 .00, which represents the overall increased cost of
the project, and
WHEREAS, Mr. Wallace has asked the Town to delay for two (2)
years the principal payment in the amount of $27 ,400 due on
the Airport Bond on September 1, 1970, -and
WHEREAS , this method of payment is satisfactory with the Town
of Leesburg ,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg, that First and Merchants National Bank be requested
to delay the Town of Leesburg 's payment to the Bank in like amount
due on July 1 , 1970 for a period of two . (2) years .
On motion of Councilman Pumphrey, seconded by Councilman Murray ,
the following Agreement was unanimously adopted:
This agreement made this 11th day of March, 1970 by and be-
tween THE TOWN OF LEESBURG, a municipal corporation, Party
of the First 'Part, and LESLUKE CORPORATION, Party of the Sec-
ond Part .
WITNESSET H:
Whereas , the Town proposed to improve the Edwards Ferry Road
in said town by constructing a two lane roadbed with open
ditches ; and
Whereas , Lesluke Corporation owns land fronting on the section
to be improved and wishes to enhance the value of its land by
having a four lane divided highway with concrete 'curb and gutter
and a fourteen foot median strip with concrete curbing constructed
instead; and
Whereas , said corporation, in order -to secure such construction,
is willing to contribute to the cost thereof,
WITNESSETH :
The Parties hereto agree that :
1. Lesluke Corporation will pay $69,652 .00 toward the cost,
if construction thereof is completed within the year above
stated.
• 2 . The improvement of said road will be done according to
plans prepared by Walter N. Phillips , Civil Engineer.
3 . The Town will have said road constructed to contain four
lanes divided by a fourteen foot median strip with concrete
curbing and gutter and agrees to let the contract therefor
within sixty days from the date hereof if the bids are accept-
able to the Town and the decision as to the acceptability of the
bid shall be in the sole discretion of the Town .
WITNESS the following signatures and seals :
(S E A L) THE TOWN OF LEESBURG
ATTEST:
By
Mayor
Clerk
(SiE A L) LESLUKE CORPORATION
ATTEST : •
By
President
Secretary
155
MINUTES OF MARCH 11, 1970 MEETING.
Mr. Ritter said a separate agreement will have to be drawn up with
Mrs . Carr regarding her portion of the payment on this . Also, Mr.
Ritter is to work out an agreement with Tri-County Asphalt on this proiect .
On motion of Councilman Howard, seconded by Councilman Hill, the
attached form to be used by the Zoning Administrator for rezoning ap-.
plications was unanimously adopted. . Councilman Hill suggested that Mr.
Forbes check to see if the Zoning Ordinance would have to be amended to
permit a sign to be posted on property proposed for rezoning . p
Mr. Moody reported that most of the• work is completed on the raw
sewage pumping station on the site of the new Sewage Treatment Plant,
with the exception of the brick work above ground. It looks now like
it will be the middle of April or the 1st of May before we can get the
Plant into operation. There still remains a lot of clean-up work to be
done in the Control Building .
There being no further business , the meeting adjourned at 10 :40 P.M.
cS) •I: Pe•-•341-ra-a- ed--e-Z.L1
O // Mayor
Clerk of e Council
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TOWN OF LEESBUPO, V RG];: A
APPLICATION FOR ZONTN7: NAP ANENDME T
TO THE COUNCIL FOR THE TO!:'.. CF '_ERSi'.UR:, VIRGINIA:
I, of
(Owner or Contract Owner) (Address)
(Specify)
(Sy.°t. )
do hereby request that (acres) of land located on the
side of Street and bounded by
on the north,
"asps of each current property owner or street)
on the east,
iNames of each current property owner or str77
on the south,
(Names of each current property owner or street)
and on the west,
(Names of each current property owner or street)
now designated as on the Leesburg Zoning Map be
(District)
rezoned to .
(District)
Signature of owner or contract owner
Date -
Telephone Number
NOTE TO APPLICANT
The following shall be submitted with this application:
1. A filing fee in the amount of $100.00 payable to The Town of
Leesburg, Virginia.
2. Three (3) copies of an accurate plat showing the boundaries
and the area of the property proposed to be rezoned, or if
the property is a lot of record, three copies o° the deed.
Application No.
Referred by Council to Planning Commission on 19
Public Hearing by Planning Commission on 19_
Recommendation by Planning Commission Date
Public Hearing by Council on 19_
Action taken by Council Date 19_
t1 f